Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sarmmarmbb (goi)     23 June 2015

Audio conversation recording by mobile on memory card

Respected Sirs,

Please guide me urgently.  I need to prove myself innocent in 498A case in which i have been trapped on false allegations by my wife in connivance with her father.

For this, I immediately tried to get her admission by recording mutual conversation by mobile which is saved on memory card and she has admitted that i have been booked on false grounds under 498A for bringing me and my family on their lines.  Sir pls advise me :

I have about 20 minutes recording (it was because she may not be able to doubt when i come to my desired question as to why you and her father trapped me under 498A).  But Sir the statement admitting is of only 1 and half minutes.  My question is Can i submit in court only the part of recording i.e. her admission statement instead of whole 20 minutes (reason becoz that long discussion have her false allegations of FIR repeated by her during conversation)?  Bcoz that required admission of her (wife) was admitted in the very last 20 minutes.  So, can i cut the same and submit in court of law as her statement is not being cut/tampered from anywhere that is continuous.  Will it be allowed by the court if i submit it as the only recorded admission of her of few minutes?

pls help me urgently.

Regards



Learning

 7 Replies

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     23 June 2015

Just cut that part admission by her & attach that cut part (edited part) alongwith two applications viz., Order VII Rule 11 and also alongwith Order X.

 

Order VII Rule 11 will say that there is NO CAUSE OF ACTION & that the case is false prima facie.

 

Order X will ask her to admit or deny this video.

 

NOW Order X is important because if she admits then she admits that part of video before evidence stage & you gt the proofs i.e., her admission before submitting the whole. But if she denies then you request for Forensic i.e., voice checking & matching with her. This will prove that she is wrong too.

 

Further, if she does NOT provide an answer then quote the below & tell the court to request it as deemd to be admitted because NOT denied specifically by her:-

 

Supreme Court in M. Venkataraman Hebbar (D) By L.RS. Vs. M. Rajgopal Hebbar & Ors. 2007 (5) SCALE 598, observed; “Thus, if a plea which was relevant for the purpose of maintaining a suit had not been specifically traversed, the Court was entitled to draw an inference that the same had been admitted. A fact admitted in terms of Section 58 of the Evidence Act need not be proved.” If NOT Denied, it's Accepted : Delhi High Court [Asha Kapoor v. Hari Om Sharda (2010) 171 DLT 743] the Delhi High Court has explained the underlying rule in civil litigation that averments made by one party unless specifically refuted would be deemed to be accepted. The principle which is now firmly embedded in as much as determination of civil suits, in terms of Order 8 of the Code of Civil Procedure, was explained by the High Court to be one of seminal importance.

 

Further, if she now indulges in unethical practices of any kind like court record tampering etc be watchful & be ready to file perjury as you find something fishy vis-a-vis fraud on court

Sarmmarmbb (goi)     23 June 2015

Thank you very much Atur ji.  Thank God, now i see some ray of hope for me and my family to get rid of this girl and 498A.  You know sir, for the last 8 years i am upbringing my two little daughters proudly and the courts have denied their custody to the mother seeing her past record of deserting her own dauthers at quite tender ages i.e. 1 year.

Regards sir

Kumar Doab (FIN)     23 June 2015

@ Atur Chatur,

I appreciate your resolve and post and contents in your post.

I suggest that more and more citizens become proeprly informed and build steel like resolve and handle their matters with firm confidence.

 

 

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     23 June 2015

Thanks Friends, Infact I myself used both Order VII Rule 11 and also Order X for my own case. I also filed Perjury against my wife's lies.

 

Further, @author, pls tell me after how much time did your wife filed custdy. tell ur & her age at the time of separation, any affairs (prospective), your state & other details.

NOTE:- If the questions are too personal feel free to mail me or PM me. Thanks

1 Like

Sarmmarmbb (goi)     25 June 2015

no its OK i will tell u sure.

after about fifteen months she filed custody after deserting my kids the youngest one was that time of about one and half years.  She had an deep affair before marriage and later too she continued that and definitely she is involved with some young guy.  Can u suggest me any genuine detective?

Pla CLARIFY ME URGENTLY THAT IS IT COMPULSORY TO SUBMIT THE INSTRUMENT/DEVICE I.E. UR MOBILE PHONE AND THE CHIP TO THE COURT FOR ITS ADMISSIBILITY?    CAN;T WE SUBMIT IT ON CD SINCE ANYBODY MAY HAVE LOST, TRANSFERRED THE DATA DUE TO LACK OF KNOWLEDGE OF LAW.

 

THANK U V MUCH

498_final stage (Professional)     09 August 2015

Chatur g.... guide me as well. I have audio recordings done using my mobile phone. since my wife has virus of checking my cell phone I transfered and hide those files into my computer hard drive.

Now its the time to produce those in the court. Can you tell me what's the process of doing that? Can I transfer that further into a pen drive and submit in the court?

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     09 August 2015

@498_final_stage, Since you already transferred from Original Media hence this makes it a little weak.

Now, to make it strong you need to put those proofs in a CD & give to court & use Order VII Rule 11 (if that fits your case). Alongwith that, give the most important application under Order X CPC & in that you will ask the court to examine the petitioner (i.e., ACCEPT or DENY that CD)

 

If she accepts half battle won (as happened with me)

If she denies then there will be CROSS i.e., you will ask certain questions during ARGUMENTS to Order X CPC & then try to fix her in her lies. 

 

Now, since I do NOT know the case & what recording u have so yourself analyze now what to do from here. Also check below link & spread the news so that someone comes forward to file PIL/ REPEAL of DV Act

https://www.lawyersclubindia.com/forum/details.asp?mod_id=124445&offset=3#.Vcd2jpzWJkw

 


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